Wednesday, July 31, 2013

The Supreme Court has dismissed the SLP (Civil) 23055/2013 filed by Union of India against Delhi High Court judgement in pre-2006 pensioners casein WP 1535/2012 upholding the CAT PB judgement and Delhi High Court judgement. The above SLP came up for hearing on 29/7/2013 and the apex court dismissed the SLP on the same day.

Pensioners will now get arrears w.e.f. 1/1/2006 if their revised pension was fixed at less than 50 percent of the minimum of the pay in the pay band including grade pay thereon in the revised scale corresponding to the pre-revised pay scale from which the pensioner has retired.

JUDGEMENT :

UPON hearing counsel the Court made the following order :

“We are not inclined to interfere with the order passed by the High Court. Consequently, the special leave petitions are dismissed. However, the petitioners are at liberty to raise all points before the Tribunal as and when the appeal”.

The 9th Federal Council of NFPE held at Hyderabad from 9th to 13th June 2013, gave a clarion call to the five lakhs Postal and RMS employees including Gramin Dak Sevaks (GDS) to be ready for an indefinite strike, in case our demand for setting up of seventh Central Pay Commission (CPC) and merger of DA with pay is rejected by the Central Government. The conference in one voice also demanded the Government to withdraw the Contributory Pension Scheme and scrap the Pension Fund Regulatory and Development Authority (PFRDA) Bill. It further decided that even if Pay Commission is appointed, if the Government refuse to include the revision of wages and service conditions of GDS in the term of reference of the CPC and grant the DA merger benefit to GDS, entire employees shall go on indefinite strike.

The Confederation of Central Government Employees and Workers, the united fighting organisation of Central Government Employees, in its 24th National Conference held at Kolkata from 4th to 6th May 2013 has taken a historic decision to go on indefinite strike demanding constitution of seventh CPC, DA merger, scrapping of New Pension Scheme and the settlement of the 15 point charter of demands. The decision of the Confederation clearly reflected the aspiration and commitment of about 28 lakhs of Central Government Employees and about 40 lakh Central Government Pensioners. Unlike in the past, this time, the Confederation has rightly decided to project the GDS demands as one of the main demands and in the 12th December 2012 strike the GDS participated in the strike en-masse as per the call given by NFPE, even though the so-called recognized union of GDS has not even given strike notice.

Finally, as in the past, as a logical corollary, the Railway and Defence employees Federations have also decided to go for an indefinite strike raising the 7th CPC and DA merger demand. Due to conscious and persistent effort made by Confederation, especially its versatile and undisputed leader Com. S. K. Vyas Ji, a joint meeting of AIRF, AIDEF and Confederation was arranged on 29th July 2013 and Joint Council of Action (JCA) is formed, the JCA decided to organize various campaign programmes, culminating in indefinite strike. As a first step it is decided to submit a letter to the Government listing out the demands and also its time-bound settlement. The seven point charter of demands includes setting up of 7th CPC, DA merger, compassionate appointment, regularization of GDS and Casual Labourers, Scrapping of PFRDA Bill, removal of bonus emolument ceiling, functioning of JCM and implementation of arbitration awards. Even though in the past, the dominant leadership of the National Council JCM has taken a stand that as GDS do not come under JCM, their demand cannot be included, this time the Confederation and NFPE leadership could convince them and they agreed for inclusion of GDS demands also.

Thus a situation has emerged wherein the entire Central Government employees stands united and determined to realize just and genuine demands. The message is loud and clear. Now it is the duty and responsibility of each and every one of us to carry the message to the grass-root level workers and build up broadest unity among the rank and file. Once such a rock-like unity for struggle is achieved, no Government can reject our justified demands. Time is short. Let us awake, arise and unite.

A British parliamentary
spokesperson announced on May 13 that the world’s oldest postal service would
be privatized this fall. Royal Mail opened to the public in 1635.

The U.S. Postal Service, originally part of the British postal system, is also
threatened with privatization by powerful congressional and corporate forces.

Postal workers, however, are organizing resistance to the for-profit theft of
the “people’s post office” in both countries. “Save our post office!” will be a
main chant in nationally coordinated protests against privatization on July 26
and 27, the USPS’s 238th birthday.

“Save our post office” is also seen and heard all over Britain as postal
workers there rally and stage rolling strikes to fight Royal Mail’s
privatization.Fighting Against USPS Privatization

Ten protesters blocked a private mail truck leaving the Mt. Hood, Ore.,
USPS Distribution Center on July 18, demanding that postal management
stop subcontracting the trucking of “the people’s mail.” The blockaders left
after police ordered them to disperse. No arrests were made.

The 10 self-named “postal protectors” included retired postal workers, seniors,
a pastor, a small business owner, a teacher and a union organizer. They declared
they were impacted by postal privatization.There will be a noon protest on July 26 at 1800 Thibodo Rd. in Vista, Calif.,
which will target Rep. Darrell Issa, the congressional leader of the effort to
dismantle and privatize the Postal Service.

On July 27, a “Rally in Direct Defense of our Post Office” will take place in
Berkeley, Calif., at 1 p.m.at2000 Allston Way.
A broad coalition opposed to the closing of their historic 1916 post
office called it. The USPS denied an appeal against that facility’s closing,
even though there is widespread community opposition, elected officials have
protested, and attorneys and historic preservationists have made legal
arguments against it.

Other July 27 West Coast protests will take place in Portland, Ore., and in
Tacoma, Wash., where activists will rally in front of a post office slated for
2014 closure.

On the East Coast, a July 27 noon rally will take place in the Bronx, N.Y., at
149th Street and the Grand Concourse. It will highlight community
opposition to the planned shuttering of the historic 1935 Bronx General Post
Office. Bronx residents, the Community/Labor United for Postal Jobs &
Services, and Save the Post Office have appealed the closure, arguing that the
USPS is violating federal regulations governing the shutting of historic postal
properties.

Fighting against Royal Mail privatization

The British Parliament has chosen Barclays, UBS, Bank of America, Merrill Lynch
and Goldman Sachs to lead a banking syndicate in overseeing the privatization
of the Royal Mail, valued at $4.8 billion.
Some of the same banks are involved in efforts to privatize the U.S. Postal
Service. For example, Rep. Issa hired Peter Haller, a former Goldman
Sachs executive, to serve on the House Oversight Committee that oversees the
USPS.

Malcolm Curry, one of 120,000 Royal Mail workers, told the July 10 Guardian,
“The rich get richer and the poor get poorer. … I don’t think there’s any
benefits for us and none for the customers.”

Communication Workers Union leaders, who represent Royal Mail workers, say
for-profit owners would end universal mail service, raise postage rates, worsen
working conditions, cut wages and benefits, and threaten workers’ earned
pensions.
Mario Dunn, who leads the union’s anti-sale campaign, said: “Banks are set to
make up to £30 million ($45 million) when the government sells off Royal Mail.
Once again consumers will lose out when prices rise and deliveries are reduced
but banks make millions.” (New York Times, May 29)

British postal workers are gathering petition signatures, placing posters on
small business storefront windows and staging community rallies in their campaign
to prevent privatization of the world’s oldest postal service.

The CWU organized a weeklong tour of London in a “Save our Royal Mail” bus,
stopping for protest rallies in front of banks involved in the privatization.
Union leaders warned officials that unless ministers “think again” about
selling off Royal Mail, industrial action would be “inevitable.” A decision on whether to strike may be made as soon as July
31, reported Post & Parcel, on July 10.
Centuries may divide the two postal work forces, but in the 21st century, they
are brothers and sisters in the same struggle against privatization.Joseph Piette is a retired letter carrier and a member of Community-Labor
United for Postal Jobs & Services.

Directorate vide memo No. 60-3/2013-SPB-I dated 8/7/2013 has clarified that ás per revised Recruitment Rules for the post of Postal Assistant / Sorting Assitant notified on 3rd November 2011, the period of probation is the same i.e. two years but the provision of Examination for confirmation has been discontinued and clearance of probation period is to be decided by the Departmental Promotion Committee (DPC). It is also clarified that who have not yet cleared the confirmation test may not be subjected to confirmation examination but may be assessed for clearing their probation after taking into consideration their performance during the induction training, the special report /ACRs and any other relevant input. If they are not found up to the mark, their probation period may be extended as per the Government's instructins. In such cases, PAs/SAs shall be considered for clearance of probation period from a prospective date and not with retrospective effect.

New Delhi: After Raj Babbar and Rasheed Masood, now union Minister for New and Renewable Energy Farooq Abdullah Friday has said that one can have full meal for Re.1.

"One can eat for Re.1, if desired. It depends on the common man how much they can afford and they have to manage in that only," Abdullah told reporters on the ongoing debate on poverty.

Congress leader Rasheed Masood on Thursday claimed that "one can eat well" for Rs.5 in the national capital, a day after Congress spokesperson Raj Babbar said that one can have a full meal for Rs.12 in Mumbai.

"You can eat well for Rs.5 in the Jama Masjid area of Delhi," Masood, a Rajya Sabha member from the Congress, told reporters here.

The comment has opened floodgates of criticism with the Bharatiya Janata Party (BJP) saying the government is just trying to perpetuate poverty.

The Planning Commission Tuesday said poverty ratio in the country had declined to 21.9 percent in 2011-12 from 37.2 percent in 2004-05 on account of increase in per capita consumption.

The commission estimated the 2011-12 national poverty line at Rs.816 per capita per month for rural areas and Rs.1,000 per capita per month for urban areas.

This would mean that the people whose daily consumption of goods and services exceed Rs.27.20 in villages and Rs.33.33 in cities are not poor.************************************இது தொடர்பாக இந்து நாளிதழில் விவாதத்தில் வந்த முந்தைய செய்தியையும் உங்களுக்கு நினைவூட்டு கிறோம்.

Even as a controversy rages over the Rs. 32 per capita per day poverty line, Planning Commission Deputy Chairman Montek Singh Ahluwalia has said “it is not all that ridiculous” in Indian conditions.

“The fact is that Rs. 4,824 per month for a family [of five] to define poverty is not comfortable but it is not all that ridiculous in Indian conditions,” Mr. Ahluwalia said in a letter to Attorney-General Goolam Vahanvati.இறுதிச் செய்தி : இதற்காக சம்பந்தப் பட்டவர்கள் வருத்தம் தெரிவித்தார்கள் (மாண்டேக் சிங் அலுவாலியா அல்ல )

The undersigned is directed to state that the issue of revision of rates for reimbursement of medical expenses incurred on availing medical treatment in emergency conditions under CS (MA) Rules, 1944, when treatment is taken in a non-empanelled private hospital, has been under consideration of the Government for some time.

2. It has now been decided that, reimbursement of medical expenses incurred by a Central Government employee covered under CS(MA) Rules, 1944 on availing medical treatment for himself and his dependent family members in emergency conditions, would be allowed as per the prevailing non –NABH CGHS rates as applicable to a CGHS covered city and non-NABH rates applicable to the nearest CGHS covered city in case of non-CGHS city, as the case may be, or the actuals, whichever is less.

3. For the medical treatment in such cases where package rates are prescribed under CGHS, the non-NABH rates of the CGHS covered city and non-NABH rates of the nearest CGHS city (in case of non-CGHS covered city) or the actuals, whichever is less, will be applicable.

4. This OM supersedes all earlier orders issued from time to time under CS (MA) Rules, 1944 on this subject for allowing reimbursement of medical expenses in emergency conditions when treatment is taken in a non-empanelled private hospital.

5. This OM will come into effect from the date of issue.

6. This issue with the concurrence of the Integrated Finance Division vide their Dy. No. C-282, dated 22.05.2013.

Thursday, July 25, 2013

Income Tax Department issues press release to clarify that unlike previous year Salaried Employees with Total Income up to Rs.5 lakhs too have to file ITR (Income Tax Return) this year viz., Assessment year 2013-14.

The full text of Press Release issued by CBDT (Cenral Board of Direct Tax) is as follows:

The CBDT has, vide notification dated 1-05-2013, made E-filing of Return compulsory for Assessment Year 2013-14 for persons having total assessable income exceeding Five lakh rupees.

The CBDT vide its earlier notifications had exempted salaried employees having total income up to Rs. 5 lakhs including income from other sources up to Rs. 10,000/- from the requirement of filing return of income for assessment year 2011-12 and 2012-13 respectively. The exemption was available only for the assessment year 2011-12 and 2012-13. The exemption was giving considering ‘paper filing of returns’ and their ‘processing through manual entry’ on system.

However, this year the facility for online filing of returns has been made user-friendly with the advantage of pre-filled return forms. These E-filed forms also get electronically processed at the central processing centre in a speedy manner. Hence, the exemption provided during the last two years is not being extended for assessment year 2013-14. Taxpayers are encouraged to file their returns electronically. E-filing is an easy, fast and secure method of filing of income tax return. Moreover, Digital signature is not mandatory for these taxpayers and they can transmit the data in the return electronically by downloading ITRs, or by online filing and thereafter submit the verification of the return in From ITR-V acknowledgement after signature to Central Processing Centre.

The processing for E-filed returns is faster. From 25th July to 31st July 2013 (Except 27th and 28th July being holidays), Special Return Receipt Counters are opened in IT Offices (FOR SALARIED TAX PAYERS)

Wednesday, July 24, 2013

The first meeting of the National Secretariat of the Confederation was held at New Delhi on 22.07.2013. Com. K. K. N. Kutty, National President, presided.

Com. S. K. Vyas, Advisor, in his opening remarks, explained the background of events which led to the formation of a Joint Council of Action of Railway (AIRF) Defence (AIDEF) and Confederation and also pointed out its weaknesses and limitations. He stressed the need to further strengthen the unity. He opined that on the 15 point charter of demands, Confederation must conduct its own independent campaign and agitational programmes. If the Railway and defence Federations come forward for serious agitational programmes including indefinite strike we must join such campaign and strike action.

(i)To organize state level joint strike conventions of C-o-C with the participation of all affiliated unions/Associations/Federations during the month of August 2013. Where ever the C-O-C functioning is not satisfactory or has no participation of district units, efforts must be taken to revamp the committee.

(ii)To organize mass Relay dharna at different places in all important stations during the first week of September 2013 (from 02.09.2013 to 07.09.2013).

(iii)To conduct nationwide strike ballot during the last week of September 2013 (On 25, 26 and 27th September)Model of the ballot will be sent later.

(iv)To convene the Central Working Committee/Central Executive committee meetings of all affiliated unions/Associations/Federations before the 1st week of October 2013. All India Office Bearers of the Confederation may be invited to attend the meeting.

3.Joint programme of AIRF, AIDEF and Confederation:

It was decided to make all out effort to further strengthen the Joint council of action (JCA) and also to launch serious agitational programmes culminating in indefinite strike before December 2013.

4.Formation of State Committees and District Committees

It was decided to reorganize the COCs which are defunct or not functioning satisfactorily. This is to be done when the state level strike campaign conventions are organized. Participation of representatives of all affiliates should be ensured in the conventions.

5.Conducting of All India Mahila Convention of the Confederation.

It was decided to conduct two day’s All India Mahila Convention at New Delhi in the 3rd week of October 2013. C-O-C Delhi has agreed to host the Mahila Convention. Delegate fee shall be Rs.600/- per delegate. Participation of maximum number of Lady comrades from all states/affiliates should be ensured.

6.Organising Trade Union Education Camp:

It was decided to hold the Trade Union Education Camp at Mumbai in November/December 2013. Number of participants shall be 150 (maximum). Delegate fee Rs. 600/- per delegate Postal, ITEF, Audit & Accounts and Atomic Energy delegates accommodation shall be arranged by their respective Federations. C-O-C Mumbai shall function as the Reception committee. Date and Venue will be intimated later.

Financial Secretary shall present the actual picture in the next meeting. Meanwhile letters should be sent to all affiliated unions to remit the arrears of quota immediately.

9.National Convention of Central Trade Unions on 6th August 2013.

The available National Secretariat members/leaders at Delhi will attend the convention on 6th.

President, Com. K. K. N. Kutty in his concluding remarks, briefed decisions taken in the meeting. The meeting ended at 5 PM.

IMPLEMENT THE DECISIONS

All office Bearers, State Committees, other C-O-Cs and Affiliated Unions/ Associations/ Federations are requested to implement the above mentioned decisions of the National Secretariat meeting, WITHOUT FAIL.

The third successive struggle program of AIPEU-GDS (NFPE) on 32 Charter of Demands, Dharna infront of Dak Bhawan, New Delhi has been staged successfully with the participation of General Secretaries of affiliated Unions of NFPE, NFPE office bearers and CHQ office bearers of GDS Union.

The program concluded with the vote of thanks paid by Com.R.Dhanraj, Dy. General Secretary, by extending revolutionary greetings and heartfelt thanks to the leaders of NFPE for their support and participation in the dharna and made it successful.

With reference
to the letter
cited , it has been
mentioned that , there is negligence on
my part, on the noted SB accounts
which resulted in
minus balance on the said
accounts. Based on that, a recovery
of Rs.13401/- is proposed to be made from my pay and allowances.

In this connection , I am
to submit the following
for your kind
consideration and for issue of
favourable orders.

1.Rule 18 of PO SB General Rules, 1981 empower the Postal
Department to recover any excess paid amount paid to the depositor as arrears
of Land Revenue from the depositors. Hence I request to initiate action as per the Rule ibid for
settlement of the Minus Balance.

2.Further, I was not given
any of the copy of documents, by which , establishing that I was actually responsible for the minus balance, since the noted dates of transactions were between the year
2005 to 2007. For eg. copy of nominal role, user code maintenance record
containing authorization on the software, print out copy of my pass word usage on the said transactions, copy of LOTs concerned ,
SO SB OM Register, SBCO OM register , SB 46 registers etc. Though, instructed in the ref., I was not allowed to pursue with the connected vouchers/supplied with
copies of records etc. This is totally a denial of natural
justice.

3.As per Rule 48 (ii) of PO SB Manual Volume I, the Ledger Assistant at HO
should post the entries in the ledgers concerned and any
discrepancy noticed should be booked into. This was not done in
this case and
the part of S.O. SB is completely hided , with a motive to favour on selected
interests.

4.As per Rule 92 (2)
(i) , (ii) , (iii), (v) and Rule 92(3) of PO SB Manual Volume I,
Objection registers should be maintained with recordings of difference in balances at SO SB and SBCO and
extract should be sent to
S.O.s to rectify then and there. Monthly
statement of the pending objections should be
sent to the AO ICO (SB) and
Senior Superintendent to take further action. These were not done in
this case and if so
the relevant records should
be given access to the charged
official to prove his innocence. If not, the contributory factor should also be
applied on the S.O. SB and SBCO parts, and myself should not be an isolated
selection to recover any such minus
balances .

5.Since there are
agreements made by the SBCO years-to-gether, and list of balances
verified through the authorities concerned, for
any reported left over/excess/short
entries in manual ledgers/computers of 8
years back, the official working at S.O. level should not
be selectively cornered.

6.As per Standard Inspection Questionnaire prescribed
by the Department , vide para 27 (ii)
and 32(c) checks should be made by the Inspecting authorities for
verification of balances through issuance of SB 46 notices to the depositors
concerned, and verification of SO balances concerned with HOs and
nothing seems to be done in this
case for the past 8 years and failure,
if any, is now rushed to be fixed only
on the part of SO level, leaving the
Inspecting authorities/Mail Overseers in
a biased manner.

7.No sub- ordinate officers/
inspecting authorities/SO SB/SBCO
officials, are issued with notices for recovery of pay, on whose part there are many
such lapses in such of those cases, and I should not be singled out for any recovery in this case.

8.As per Rule 106 of P&T
Man. Vol. III , any recovery can be
imposed only when it is established, and in this case it was not done.

9.As per Rule 107 of P&T Man.Vol. III , the Disc. Authority should correctly assess in a realistic manner the
contributory negligence, and while determining any omission or lapses on the loss considered and the extenuating
circumstances in which the duties were
performed by the official, shall be given due weight, but
nothing has been done in this case.

In
view of above, it is requested that I may be allowed to go through the records pertaining to the periods covered/ supplied with the
copies of records as said above, under
which such minus balances occurred. Thereafter, I shall
give my final reply in this connection.

Thanking you Sir,

Yours
faithfully,

=========================================================

வேறு ஒரு கோட்டத்தில் அளிக்கப் பட்ட மாதிரி பதில் படிவம் 2:=-

From .04.2013

The Superintendent of Pos.,

Sir,

Sub: Multiple
frauds at Vanapadi BO a/w Karai S.O. –
Reg.

Ref: SPOs., ........... No. F1/IV/02/2011-12 dt. 27.03.2013.

…..

With reference
to the letter
cited , it has been
mentioned that , there is negligence on
my part/lapses/ failure in my duty ,on the items detailed, which
resulted in multiple frauds at Vanapadi BO. Based
on that , I
have been directed to credit the
portion of the defrauded amount , made by the Ex-BPM Sri. A. Loganathan of Vanapadi B.O.

In
this connection , I am to submit the
following for your
kind consideration and for issue
of favourable orders.

1.As per of
POSB General Rules, 1981 the Postal Department is empowered to recover any
amount due to the Department, when it is established that it is caused by
a person concerned, it should be recovered from the Land Revenue of the party concerned through the State Revenue Authorities.

a) In this instant case, the loss caused
to the Department was made because of
the multiple fraud committed by the Ex-BPM, Vanapadi Sri. A. Loganathan. It was also well
established after conducting of the
Departmental enquiry and final
orders were issued. Hence action should
be taken against the fraudulent person
to recover the amount of loss
caused to the Department. But nothing was made in this connection, taking up with the Revenue authorities till date.

b) Under
CCS(CCA) Rules 1965, there
is provision to file a case with the Police authorities
concerned against the culprit for any amount of
fraud exceeding Rs.5000/- and
this was not done in this case till date , though years-to-gether have rolled on and final
departmental orders of punishment
was issued against the official concerned.
But only self was pressurized
to credit the amount of fraud committed by the culprit, which is totally against the rules of the Department and against the Laws of the Govt.

c) Instead of making efforts to recover the fraud amount from the culprit and principle
offender, he was let off freely by
imposing the final penalty of removed from
“further engagement” vide your office
memo. no.FI/I/02/2011-12 dt.
25.03.2013. It totally plugs the opportunity to have control over the official concerned and let him off
silently, besides punishing
the common staff as scapegoats.

2.Further, to submit that, I was notallowedto go through the records pertaining towhichany of the lapses involved
inmy part, as alleged ,orto
see that, whether I wasactually on
duty,on thatdatesoflapses occurred.This is totally adenial ofnaturaljustice.

3.Since
there are various Inspections / visits
made by the authorities concerned,
various Pass Book verifications, balance
verifications/ Stock Book verifications etc. were made during these three years
period, their part should also be
put under review and proper
contributory factor should also be fixed on their part. This was not done in this case and simply
the officials working at ground level are picked as a scapegoat, for
any reported lapses. This is
totally against the basic rules of the Department and exhibits
the bias attitude of the administration.

4.As per Rule 106 of P&T Man. Vol. III , any
recovery can be imposed only when it is clearly
established, and in this case it was not
done.

5.As per
Rule 107 of P&T Man.Vol. III ,
the disc. Authority should
correctly assess in a realistic manner the contributory negligence, and
while determining any omission or lapses
on the loss considered and the
extenuating circumstances in which the
duties were performed by the official, shall be given due weight, but
nothing has been done in this case.

In view of above, it is
requested that I may be allowed to go through the records pertaining to the periods covered, under which
such of those lapses
occurred as alleged, and the records connected with my
duty on that dates of
occurrences and I may be given
copies of the same concerned. After perusing
the records connected, after obtaining the copies concerned, I shall submit
my final reply to the notice
issued.